(2002) JELR 44515 (SC)    

Supreme Court  ·  SC.14/1997 ·  14 Jun 2002 ·  Nigeria
Other Citations
OBI V. MBIONWU (2002) 6 S.C. (PART II) 73
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
court of appeal
main appeal
new trial judge
said ekpe trench
ancient ekpe trench
ancient trench
second visit
evidence of the parties vis
major question
appellants' brief
decision of the court of appeal
evaluation of evidence
laid claim
learned counsel
orders of the trial court
osina side of the ekpe ditch
a. i. iguh
akokwa community
behalf of the people of osina community
clear perception of the issues
common boundary
decision of the trial court
defendants' akokwa ikpa land
defendants of akokwa town
defendants uhu ehihi oke land
exhibit a.
following issues
full scale declaration of title
high court of justice
inspection of a locus
judge of the imo state
land boundary
leading judgment
number of court cases
order of court
order of retrial of the court
orlu judicial division of the high court of justice imo state
plaintiffs claims
plaintiffs' survey plan no. mg
plaintiffs' town
respect of any piece of land
respect of the cross-appeal
respondents' issue no. iv
said uhu ehihi oke land
subsequent trial

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): Both parties are two neighbouring communities sharing common boundary in the Ideato Local Government Area of Imo State.

By a Writ of Summons issued on the 24th day of December, 1975, the plaintiffs, for themselves and on behalf of the people of Osina Community in Imo State, instituted an action against the defendants jointly and severally as representing their Akokwa Community at the Orlu Judicial Division of the High Court of Justice Imo State claiming as follows:-

1. A declaration that the Ekpe - an ancient trench is the boundary between Osina and Akokwa.

2. An injunction to restrain the defendants and the people of Akokwa from crossing the said ancient boundary and laying claim to land on the Osina side of the Ekpe ditch.

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

At the subsequent trial, both parties testified on their own behalf and called witnesses.

The case for the plaintiffs, briefly, is…

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